Report of a meeting of IALA National Members – Second Extraordinary LAP meeting
Report of a meeting of IALA National Members
(Second Extraordinary LAP meeting)
13 – 14 March 2014
IALA Headquarters
Executive Summary
- The meeting was convened following identification by Council of a number of matters for consideration by all National Members regarding the change of status of IALA to an Intergovernmental Organization.
- The meeting considered and agreed upon draft changes to the IALA Constitution which will facilitate the on-going operations of IALA as an Association, and which will also allow for transition to intergovernmental status whilst complying with French law.
- The meeting also undertook a review of the risks associated with the change of status, and developed a project riskregister for consideration by Council.
- The meeting, noting the importance of clear guidance in regard to the pursuit of international organisation status, developed a General Assembly Resolution for presentation to Council. The purpose of the Resolution is to formally document the considerations of the General Assembly, and to record the mandate of that body for Council and the Secretariat to work to achieve the change of status for IALA.
- To assist Council, the meeting developed a Case for Change working document that articulates some of the benefits of the change of status for IALA. The meeting agreed that development of a document consolidating the risks and benefits should be undertaken, and this will be done by the LAP Chair and the Secretariat for circulation to participants.
- Participants were invited to start the process necessary to have their representatives aware of the matters that Council may put before the General Assembly. They were also invited to submit comments on the text of the draft International Agreement for consideration at the time that work on the text recommences.
- The Secretariat will finalise the necessary papers for delivery to Council for approval by electronic vote as a matter of urgency.If approved, the related papers will be circulated for the General Assembly.
Table of Contents
1Opening3
2Introduction to the IALA Legal Advisory Panel3
3Introduction of the Participants3
4Approval of the Agenda3
5Report from LAPEX1 and Council 563
6Changes to the IALA Constitution4
7Management of Risk4
8Working group – Development and presentation of the
Case for Change of Status for IALA5
9Development of the draft General Assembly Resolution6
10Any Other Business6
11Approval of documents for the IALA Council7
12Approval of the report of the meeting7
13Summary and close7
14List of Annexes7
ANNEX AList of Participants8
ANNEX BAgenda15
ANNEX CChanges to the IALA Constitution16
ANNEX DChange of Status Project Risk Assessment27
ANNEX EWorking Group Process28
ANNEX FBenefits of change of status29
ANNEX GDraft General Assembly Resolution31
ANNEX HDiagrammatic presentation of Council Roadmap33
Meeting of IALA National Members
(Second Extraordinary LAP meeting)
1Opening
The meeting was held on 13 and 14 March 2014, at IALA Headquarters with Mr Francis Zachariae in the Chair. The Secretary for the meeting was Mrs Marie-Hélène Grillet.
The Chairman opened the meeting by introducing himself as Chair of the IALA Legal Advisory Panel. He drew attention to the fact that the purpose of the meeting was not to discuss the decision regarding a change of IALA status to that of an International Organization, but to address various matters at the request of Council, for presentation to the IALA Council out of session before the General Assembly in May 2014.
The Chairman then welcomed all participants and briefed the meeting about the daily routine to be followed.
2Introduction to the IALA Legal Advisory Panel
The Chairman explained that the IALA Legal Advisory Panel (LAP) reports to the IALA Council and advises the Council on legal aspects of IALA’s work and activities. The LAP does not have any decision-making role. The LAP has worked on the change of status project for some years and, as requested by Council, has sought the involvement of a greater number of National Member representatives, firstly at the Extraordinary LAP meeting held in Copenhagen, Denmark, in October 2013(LAPEX1), and again at this meeting.
3Introduction of the participants
The meeting was attended by 36 participants from 15 countries. The participants were invited to introduce themselves.
A complete list of attendees is at Annex A.
4Approval of the agenda
The Agenda was approved, noting that some sessions were relocated to better suit the business of the meeting (see Annex B).
5report from LAPEX1 and council56
The Chairman outlined the matters that had been considered at LAPEX1, which was largely devoted to the development of the text for a draft international agreement,and the process for consideration of related matters by Council 56.
The Chairman, assisted by the IALA Secretary General,Mr Gary Prosser, summarised the relevant issues that were then raised at Council 56 during consideration of the LAPEX1 output papers, including the proposed Roadmap (actions and timetable).
It was reported that some changes were requested to the Roadmap. These included making provision for the General Assembly to be informed of the reasons for, and process for the development of, an international agreement creating the basis of international consultation, and in relation to associated changes to the IALA Constitution.
A comprehensive presentation of the Roadmap and how the various steps of the process would articulate was made by the representative of The Netherlands in Council (see Annex H).
In addition it was explained that the LAP was requested by Council to consider the following:
- the case for change needed to be better explained
- issues surrounding risk for the organization
- future technical consultative role for IALA
- development of a draft resolution for the General Assembly
6changes to THE IALA Constitution
The Chairman explained that IALA is currently formed as an association under the French law of July 1901 governing not for profit organizations. The Constitution was last amended in 2006 and the Council had asked the LAP to look into changes in order to allow IALA to operate more efficiently in the period between the General Assembly in 2014 and possible entry into force of an International Agreement.
The LAP Vice-Chairman, Mr Jon Price reported that the LAP had previouslyconsidered that the Constitution required amendment to allow the Association to be terminated, and to transfer its assets to the new International Organisation, via an automatic process. This was covered by the proposed amendments to Article 13. These changes were noted by Council 56, but not approved for submission to the General Assembly pending French legal advice on the process for terminating the Association.
With the benefit of the French legal advice the meeting again considered the proposed amendments and agreed them. Additional minor amendments were proposed and agreed to other articles, mainly for consistency reasons. See Annex C for final document.
On this occasion it was made clear that the Constitution to be submitted to the next IALA General Assembly for approval is the Constitution that will govern IALA in its present status, not a temporary Constitution aimed at regulating IALA during the transitional period between the current International Association and the future IGO.
7management of risk
As requested by Council, the meeting considered the risks associated with the change of status of IALA.
The meeting identified a range of issues including:
- Potential loss of membership
- Impact on IALA finances
- Loss of flexibility
- Potential to become more bureaucratic
- Lack of control over diplomatic process
- Overlap of role with IMO
- Challenge to termination of current association
With the assistance of the LAP Vice-Chairman the meeting discussed theidentified risks, assessed their significance and identified some mitigation strategies that could be employed to manage them so that they were held at an acceptable level.
The meeting requested the Chairman and LAP Vice-Chairman to finalise the risk assessment by estimating the risks before and after controls were applied. See ANNEXD for completed risk assessment.
8working groupS – development and presentation of the case for change of status for iala
At the request of Council the meeting undertook a working group process to develop a document articulating the case of change of status for IALA.
An outline of the working group process is at Annex E.
Short presentations were made by the IALA Secretary General, the Chairman, Mr Lars Mansner (representing the Industrial Members Committee)and Mr JanGabrielsen (National Member perspective, Denmark)discussing the IALA change of statusfrom the perspectives ofthe maritime community, IALA, and National and Industrial Members.
All IALA National Members were also invited to submit papers outlining any additional considerations related to the change of status of IALA that remain unaddressed for their Administrations so that these issues could be considered by the meeting. Comments were received in writing from four National Members. These papers were circulated under Agenda Item 10 – Any Other Business, and were addressed by the Chairman. All participants were provided the opportunity to identify issues relevant in their area of operation.The main concerns or issues raised were as follows:
- The future status of current Industrial Members: some Governments expressed reluctance to being part of an IGO having individual companies as members. National issues would need to be taken into account and observer status for commercial companies may be considered.
- The future of the current IALA: what would happen to the current National Members, the Governments of which decide not to ratify the new IGO Agreement?
- The case for terminating a successful international association: a justification may be needed to terminate the current organisation without knowing what the final form of the new organization will be.
- The diplomatic process: it will need to be clearer: who will lead it? Who will prepare the necessary meetings and documents? Will IALA – and its individual National Members – be directly involved?
- Some countries can’t start a diplomatic process without having a final draft International Agreement as a basis;
- In some cases, the final draft International Agreement is required to vote on the GA Resolution.
With the above information in mind the working group commenced its active deliberation of the case for change of status.
The discussions during the working group covered a wide range of issues including:
- Current benefits vs. future benefits
- Potential risks
Based on these discussions a‘benefits of a change of status’ working document wasdeveloped. See AnnexF.
The risks that were identified were addressed under agenda item 7 – Management of Risk, which had been moved to after agenda item 8.
Noting that National Members and their governments needed to consider a balanced view of the case for change it was agreed that the Chairman, with assistance from the Secretariat, would develop an overall analysis presenting both the benefits and risks of the change of status, with an introduction explainingthe transformation of a current successful association into a new intergovernmental organization;
As a result the case for changeshould consist of three papers, as follows:
- A comprehensive list of benefits (working paper output from this meeting – Annex F)
- A list of risks in the form of a Change of Status Project Risk Register, which will remain an active document (working paper output from this meeting – Annex D)
- A combined document presenting the case for change, taking into account matters including the current environment in which IALA operates and the two documents above.
The text of the third paper will be circulated to meeting participants for comment prior to being forwarded to Council (at a date anticipated to be the end of March, 2014).
9development of the draft general assembly resolution
The Chairman explained the process by which the General Assembly would be requested to provide a mandate for Council and the Secretariat to continue activities outlined in the Roadmap toward a change of status for IALA. The meeting discussed the draft General Assembly Resolution which had been provided as paper LAPEX2/9. Constructive discussions about the final form of the text took place and the following points were noted:
- The GA Resolution is not a decision to become an IGO. It is merely a green light to explore options for the future, through a diplomatic process
- The text of the draft GA Resolution doesn’t bind member administrations
At conclusion of the discussion the meeting agreed the text of the draft General Assembly Resolution, which is at Annex G.
Germany expressed a formal reservation on the text of the draft Assembly Resolution, due to the omission of a statement on risks associated with any change of status for IALA.
Based on the action 1 and 2 in the draft General Assembly Resolution, China formally requested to sign a MOU with IALA regarding the One ChinaPolicy, and will propose an MOU textbetween the Chinese Government and IALA to the Council.
10Any other business
Papers submitted under this agenda item were addressed during Agenda Item 8.
The Chairman noted that some participants had comments that they wished to submit in regard to the text of the draft International Agreement, which was the output of LAPEX1.
The Chairman invited delegations to submit these comments in writing so that they would be available for consideration at a further LAP meeting, proposed for fall 2014. Please send comments to . The current draft text of the International Agreement (October 2013) is available atIALA Developments area of the IALA Committees website.
A print copy of the Roadmap presented by the delegate of the Netherland in Council is provided at Annex H, and the PowerPoint presentation of the Roadmap and an explanation is also available from the above website.
11Approval of documents for IALA Council
The following documents were approved by the meeting for forwarding to Council for its consideration:
- changes to the IALA Constitution (Annex C)
- IALA Project Risk Register (Annex D)
- Benefits arising from change of status (Annex F).
- draft General Assembly Resolution (Annex G)
12Approval of the report of the meeting
Participants viewed a draft report of the meeting which was then discussed, then finalised out of session taking into account comments received.
13Summary and close
The Chairman summarized the meeting, drawing attention to the following:
- Role of LAP and the requested outputs for Council
- The constructive discussions that had taken place
- The good outcomes achieved by agreement on the various draft documents
- The work ahead in regard to the further development of the text of the international agreement
The Chairman then thanked the participants for their fruitful participation and wished them a safe trip home.
14List of Annexes
- ANNEX A: List of participants
- ANNEX B: Copy of the agenda
- ANNEX C: Changes to the IALA Constitution
- ANNEX D: Change of statusProject Risk Register
- ANNEX E:Working group process
- ANNEX F:Benefits of change of status document
- ANNEX G:Draft Assembly Resolution
- ANNEX H:Diagrammatic presentation of Council Roadmap
ANNEX AList of Participants
AustraliaAustralian Maritime Safety Authority
Ms Mary DEAN
Level 5, 82 Northbourne Avenue
Braddon ACT 2612
GPO Box 2181 Canberra ACT 2601
Australia
Phone+61 2 62 79 56 40
Fax+61 2 62 79 50 17
e-mail (main):
Australian Maritime Safety Authority
Mr Michael KINLEY
Level 5, 82 Northbourne Avenue
Braddon ACT 2612
GPO Box 2181 Canberra ACT 2601
Australia
Phone+61 2 62 79 55 55
Mobile phone:+61 409 780 538
e-mail (main):
China China MSA
(People's
Republic of)MrHongwei WANG
People's Republic of China
Maritime Safety Administration
MrHui XIE
11 Jianguomennei Avenue
Beijing 100736
Peoples Republic of China
Phone+86 106 529 24 95
Fax+86 106 529 22 45
Maritime Safety Administration of P.R. of China
Mr. Liang YANG
Room 404
18, Anhuaxili 3rd District
Chaoyang
People's Republic of China
Phone+86 186 1087 6369
Fax+ 86 10 6529 9561
Mobile phone:+82 186 1087 6369
e-mail (main):
e-mail (alternative)
DenmarkDanish Maritime Authority
Mr Jan GABRIELSEN
Carl Jacobsen Vej 31
2500 Valby
Denmark
Phone+45 9137 6138
e-mail (main):
Danish Maritime Authority
Mr Francis ZACHARIAE
Carl JacobsensVej 31
2500 Valby
Denmark
Phone+45 9137 6204
Fax+45 32 57 43 41
Mobile phone:+45 25 36 16 07
e-mail (main):
FinlandFinnish Transport Agency
Mr. Matti ERONEN
P.O. Box 33
Opastinsilta 12A
FlN-00521, Helsinki
Finland
Phone+358 295 34 3931
e-mail (main):
Finnish Transport Agency
Ms. Kaisu HEIKONEN
P. O. Box 33
FIN-00521 Helsinki
Finland
Phone+358 29 534 3302
Mobile phone:+358 40 573 4949
e-mail (main):
FranceMinistère de l'Ecologie, de l'Energie, du Développement Durable
Mr Vincent DENAMUR
Arche Sud
92055 La Défense cedex
France
Phone+33 1 40 81 84 59
Mobile phone:+33 1 40 81 87 60
e-mail (main):
Ministère de l'Ecologie, de l'Energie, du Développement Durable
Mrs Caroline PISARZ-VAN DEN HEUVEL
MEDDE-GDITM-DAM-SM4
Grande Arche Paroi Sud
92055 La Défense cedex
France
Phone+33 1 40 81 72 79
Mobile phone:+33 1 40 81 87 60
e-mail (main):
GermanyFederal Waterways and Shipping Agency
Dr Christina SCHNEIDER
Northern Region Office
Hindenburgufer 247
24106 Kiel
Germany
Phone+49 431 33948102
e-mail (main):
GeneraldirektionWasserstrassen und Shifffahrt
Dipl.Ing. Christian FORST
Kiellinie 247
24106 Kiel
Germany
Phone+ 49 4313 394 5700
Fax+ 49 431 339 6399
e-mail (main):
IALAIALA
Mr Gary PROSSER
10 rue des Gaudines
78100 Saint-Germain-en-Laye
France
Phone+33 1 34 51 70 01
Fax+33 1 34 51 82 05
e-mail (main):
IALA
Mme. Marie-Hélène GRILLET
10 rue des Gaudines
78100 Saint Germain en Laye
France
Phone+ 33 (0)1 34 51 70 01
Fax+ 33 (0)1 34 51 82 05
e-mail (main):
IndonesiaDirectorate General of Sea Transportation
MrNanditya DARMA WARDHANA
Directorate of Navigation
Ministry of Transportation
GedungKarya Floor 13 Jl Medan Merdeka Barat N° 8
Indonesia
Phone+62 350 79 48
Fax+62 350 6534
Mobile phone:+62 852 2000 6123
e-mail (main):
Directorate General of Sea Transportation
MsSindu RAHAYU
Ministry of Transportation